Pepper hybrid BS02827989

ABSTRACT

The invention provides seed and plants of pepper hybrid BS02827989 and the parent lines thereof. The invention thus relates to the plants, seeds and tissue cultures of pepper hybrid BS02827989 and the parent lines thereof, and to methods for producing a pepper plant produced by crossing such plants with themselves or with another pepper plant, such as a plant of another genotype. The invention further relates to seeds and plants produced by such crossing. The invention further relates to parts of such plants, including the fruit and gametes of such plants.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application claims the priority of U.S. Provisional Appl. Ser. No. 61/182,581, filed May 29, 2009, the entire disclosure of which is incorporated herein by reference.

FIELD OF THE INVENTION

The present invention relates to the field of plant breeding and, more specifically, to the development of pepper hybrid BS02827989 and the inbred pepper lines SMY28-1253 and SMY28-1236.

BACKGROUND OF THE INVENTION

The goal of vegetable breeding is to combine various desirable traits in a single variety/hybrid. Such desirable traits may include any trait deemed beneficial by a grower and/or consumer, including greater yield, resistance to insects or disease, tolerance to environmental stress, and nutritional value.

Breeding techniques take advantage of a plant's method of pollination. There are two general methods of pollination: a plant self-pollinates if pollen from one flower is transferred to the same or another flower of the same plant or plant variety. A plant cross-pollinates if pollen comes to it from a flower of a different plant variety.

Plants that have been self-pollinated and selected for type over many generations become homozygous at almost all gene loci and produce a uniform population of true breeding progeny, a homozygous plant. A cross between two such homozygous plants of different genotypes produces a uniform population of hybrid plants that are heterozygous for many gene loci. Conversely, a cross of two plants each heterozygous at a number of loci produces a population of hybrid plants that differ genetically and are not uniform. The resulting non-uniformity makes performance unpredictable.

The development of uniform varieties requires the development of homozygous inbred plants, the crossing of these inbred plants, and the evaluation of the crosses. Pedigree breeding and recurrent selection are examples of breeding methods that have been used to develop inbred plants from breeding populations. Those breeding methods combine the genetic backgrounds from two or more plants or various other broad-based sources into breeding pools from which new lines and hybrids derived therefrom are developed by selfing and selection of desired phenotypes. The new lines and hybrids are evaluated to determine which of those have commercial potential.

SUMMARY OF THE INVENTION

In one aspect, the present invention provides a pepper plant of the hybrid designated BS02827989, the pepper line SMY28-1253 or pepper line SMY28-1236. Also provided are pepper plants having all the physiological and morphological characteristics of such a plant. Parts of these pepper plants are also provided, for example, including pollen, an ovule, scion, a rootstock, a fruit, and a cell of the plant.

In another aspect of the invention, a plant of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 comprising an added heritable trait is provided. The heritable trait may comprise a genetic locus that is, for example, a dominant or recessive allele. In one embodiment of the invention, a plant of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 is defined as comprising a single locus conversion. In specific embodiments of the invention, an added genetic locus confers one or more traits such as, for example, herbicide tolerance, insect resistance, disease resistance, and modified carbohydrate metabolism. In further embodiments, the trait may be conferred by a naturally occurring gene introduced into the genome of a line by backcrossing, a natural or induced mutation, or a transgene introduced through genetic transformation techniques into the plant or a progenitor of any previous generation thereof. When introduced through transformation, a genetic locus may comprise one or more genes integrated at a single chromosomal location.

The invention also concerns the seed of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236. The pepper seed of the invention may be provided as an essentially homogeneous population of pepper seed of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236. Essentially homogeneous populations of seed are generally free from substantial numbers of other seed. Therefore, in one embodiment of the invention, seed of hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 may be defined as forming at least about 97% of the total seed, including at least about 98%, 99% or more of the seed. The seed population may be separately grown to provide an essentially homogeneous population of pepper plants designated BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236.

In yet another aspect of the invention, a tissue culture of regenerable cells of a pepper plant of hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 is provided. The tissue culture will preferably be capable of regenerating pepper plants capable of expressing all of the physiological and morphological characteristics of the starting plant, and of regenerating plants having substantially the same genotype as the starting plant. Examples of some of the physiological and morphological characteristics of the hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 include those traits set forth in the tables herein. The regenerable cells in such tissue cultures may be derived, for example, from embryos, meristems, cotyledons, pollen, leaves, anthers, roots, root tips, pistils, flowers, seed and stalks. Still further, the present invention provides pepper plants regenerated from a tissue culture of the invention, the plants having all the physiological and morphological characteristics of hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236.

In still yet another aspect of the invention, processes are provided for producing pepper seeds, plants and fruit, which processes generally comprise crossing a first parent pepper plant with a second parent pepper plant, wherein at least one of the first or second parent pepper plants is a plant of pepper line SMY28-1253 or pepper line SMY28-1236. These processes may be further exemplified as processes for preparing hybrid pepper seed or plants, wherein a first pepper plant is crossed with a second pepper plant of a different, distinct genotype to provide a hybrid that has, as one of its parents, a plant of pepper line SMY28-1253 or pepper line SMY28-1236. In these processes, crossing will result in the production of seed. The seed production occurs regardless of whether the seed is collected or not.

In one embodiment of the invention, the first step in “crossing” comprises planting seeds of a first and second parent pepper plant, often in proximity so that pollination will occur for example, mediated by insect vectors. Alternatively, pollen can be transferred manually. Where the plant is self-pollinated, pollination may occur without the need for direct human intervention other than plant cultivation.

A second step may comprise cultivating or growing the seeds of first and second parent pepper plants into plants that bear flowers. A third step may comprise preventing self-pollination of the plants, such as by emasculating the flowers (i.e., killing or removing the pollen).

A fourth step for a hybrid cross may comprise cross-pollination between the first and second parent pepper plants. Yet another step comprises harvesting the seeds from at least one of the parent pepper plants. The harvested seed can be grown to produce a pepper plant or hybrid pepper plant.

The present invention also provides the pepper seeds and plants produced by a process that comprises crossing a first parent pepper plant with a second parent pepper plant, wherein at least one of the first or second parent pepper plants is a plant of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236. In one embodiment of the invention, pepper seed and plants produced by the process are first generation (F₁) hybrid pepper seed and plants produced by crossing a plant in accordance with the invention with another, distinct plant. The present invention further contemplates plant parts of such an F₁ hybrid pepper plant, and methods of use thereof. Therefore, certain exemplary embodiments of the invention provide an F₁ hybrid pepper plant and seed thereof.

In still yet another aspect, the present invention provides a method of producing a plant derived from hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236, the method comprising the steps of: (a) preparing a progeny plant derived from hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236, wherein said preparing comprises crossing a plant of the hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 with a second plant; and (b) crossing the progeny plant with itself or a second plant to produce a seed of a progeny plant of a subsequent generation. In further embodiments, the method may additionally comprise: (c) growing a progeny plant of a subsequent generation from said seed of a progeny plant of a subsequent generation and crossing the progeny plant of a subsequent generation with itself or a second plant; and repeating the steps for an additional 3-10 generations to produce a plant derived from hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236. The plant derived from hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 may be an inbred line, and the aforementioned repeated crossing steps may be defined as comprising sufficient inbreeding to produce the inbred line. In the method, it may be desirable to select particular plants resulting from step (c) for continued crossing according to steps (b) and (c). By selecting plants having one or more desirable traits, a plant derived from hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 is obtained which possesses some of the desirable traits of the line/hybrid as well as potentially other selected traits.

In certain embodiments, the present invention provides a method of producing food or feed comprising: (a) obtaining a plant of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236, wherein the plant has been cultivated to maturity, and (b) collecting at least one pepper from the plant.

In still yet another aspect of the invention, the genetic complement of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 is provided. The phrase “genetic complement” is used to refer to the aggregate of nucleotide sequences, the expression of which sequences defines the phenotype of, in the present case, a pepper plant, or a cell or tissue of that plant. A genetic complement thus represents the genetic makeup of a cell, tissue or plant, and a hybrid genetic complement represents the genetic make up of a hybrid cell, tissue or plant. The invention thus provides pepper plant cells that have a genetic complement in accordance with the pepper plant cells disclosed herein, and seeds and plants containing such cells.

Plant genetic complements may be assessed by genetic marker profiles, and by the expression of phenotypic traits that are characteristic of the expression of the genetic complement, e.g., isozyme typing profiles. It is understood that hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 could be identified by any of the many well known techniques such as, for example, Simple Sequence Length Polymorphisms (SSLPs) (Williams et al., 1990), Randomly Amplified Polymorphic DNAs (RAPDs), DNA Amplification Fingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs), Arbitrary Primed Polymerase Chain Reaction (AP-PCR), Amplified Fragment Length Polymorphisms (AFLPs) (EP 534 858, specifically incorporated herein by reference in its entirety), and Single Nucleotide Polymorphisms (SNPs) (Wang et al., 1998).

In still yet another aspect, the present invention provides hybrid genetic complements, as represented by pepper plant cells, tissues, plants, and seeds, formed by the combination of a haploid genetic complement of a pepper plant of the invention with a haploid genetic complement of a second pepper plant, preferably, another, distinct pepper plant. In another aspect, the present invention provides a pepper plant regenerated from a tissue culture that comprises a hybrid genetic complement of this invention.

In still yet another aspect, the invention provides a plant of an hybrid pepper that exhibits a combination of traits comprising a plant with a semi-spreading, semi-erect habit with few (2 or 3) basal branches; a plant that produces a large number of small, somewhat angular, glossy fruit that are suitable for fresh market use; fruit that mature from light green to an orange-yellow color; fruit with 3 or 4 locules, which have about 130 seeds per fruit, a Brix content of 9.4% and which average 7 cm long by 5.6 cm in diameter and weigh from 45 to 65 g; a plant that is resistant to Tobamovirus (P1.2). In certain embodiments, the combination of traits may be defined as controlled by genetic means for the expression of the combination of traits found in pepper hybrid BS02827989.

In still yet another aspect, the invention provides a method of determining the genotype of a plant of pepper hybrid BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 comprising detecting in the genome of the plant at least a first polymorphism. The method may, in certain embodiments, comprise detecting a plurality of polymorphisms in the genome of the plant. The method may further comprise storing the results of the step of detecting the plurality of polymorphisms on a computer readable medium. The invention further provides a computer readable medium produced by such a method.

Any embodiment discussed herein with respect to one aspect of the invention applies to other aspects of the invention as well, unless specifically noted.

The term “about” is used to indicate that a value includes the standard deviation of the mean for the device or method being employed to determine the value. The use of the term “or” in the claims is used to mean “and/or” unless explicitly indicated to refer to alternatives only or the alternatives are mutually exclusive. When used in conjunction with the word “comprising” or other open language in the claims, the words “a” and “an” denote “one or more,” unless specifically noted otherwise. The terms “comprise,” “have” and “include” are open-ended linking verbs. Any forms or tenses of one or more of these verbs, such as “comprises,” “comprising,” “has,” “having,” “includes” and “including,” are also open-ended. For example, any method that “comprises,” “has” or “includes” one or more steps is not limited to possessing only those one or more steps and also covers other unlisted steps. Similarly, any plant that “comprises,” “has” or “includes” one or more traits is not limited to possessing only those one or more traits and covers other unlisted traits.

Other objects, features and advantages of the present invention will become apparent from the following detailed description. It should be understood, however, that the detailed description and any specific examples provided, while indicating specific embodiments of the invention, are given by way of illustration only, since various changes and modifications within the spirit and scope of the invention will become apparent to those skilled in the art from this detailed description.

DETAILED DESCRIPTION OF THE INVENTION

The invention provides methods and compositions relating to plants, seeds and derivatives of pepper hybrid BS02827989, pepper line SMY28-1253 and pepper line SMY28-1236. The hybrid BS02827989 is produced by the cross of parent lines SMY28-1253 and SMY28-1236. The parent lines show uniformity and stability within the limits of environmental influence. By crossing the parent lines, uniform seed of hybrid BS02827989 can be obtained.

The development of pepper hybrid BS02827989 and its parent lines can be summarized as follows.

A. Origin and Breeding History of Pepper Hybrid BS02827989

The parents of hybrid BS02827989 are SMY28-1253 and SMY28-1236. These parents were created as follows.

For parent SMY28-1253:

-   Winter, Year 1 The F1 hybrid was made from the parents 97-4008     (stake 98S-912) and 97-3523 (stake 97S-723) and assigned the     accession number 98-1255. -   Summer, Year 1 Plants of the F1 hybrid 98-1255 were transplanted as     stake 98F-34. The hybrid produced small, glossy and blocky red fruit     on a short, compact plant. Fruits measured about 7.4 cm long by 6.2     cm diameter, weighed about 92 g, and had a Brix of 9.4%. Seeds of     the selection, 98F-34-1, tested resistant to Tobamovirus (P012) and     received accession number 98-3027. -   Winter, Year 2 Planted the F2 inbred line 98-3027 as stake 99S-30.     The line segregated for small, glossy and blocky red and yellow     fruit on a short, compact plant. Fruits measured about 8.2 cm long     by 5.7 cm diameter, weighed about 75 g, and had a Brix of 9.5%.     Seeds of the selection, 99S-30-8, tested resistant to Tobamovirus     (P012) and to PVY (P0), and received accession number 99-2521. -   Summer, Year 2 Planted the F3 inbred line 99-2521 as stake 99F-103.     The line segregated for small, glossy and blocky yellow fruit that     slowly colored. Fruits measured about 6.5 cm long by 5.8 cm     diameter, weighed about 80 g, and had a Brix of 9.5%. Seeds of the     selection, 99F-103-7, tested resistant to the Tobamovirus (P012) and     received accession number 99-3341. -   Winter, Year 3 Planted the F4 inbred line 99-3341 as stake 00S-322.     The line produced small blocky yellow fruit. Fruits measured about 8     cm long by 6 cm diameter, weighed about 84 g and had a Brix of     10.5%. Seeds of the selection, 00S-322-3, tested resistant to     Tobamovirus (P012) and to PVY (P0), and received accession number     2000-2029. -   Summer, Year 3 Planted the F5 inbred line 2000-2029 as stake     00E-339. The line developed a tall plant that produced small blocky     yellow fruit. Fruits measured about 8 cm long by 6.5 cm diameter,     weighed about 100 g, and had a Brix of 9.6%. Seeds of the selection,     00E-339-10, tested resistant to Tobamovirus (P012) and received     accession number 2000-3024. -   Winter, Year 4 Planted the F6 inbred line 2000-3024 as stake     01S-249. The line developed a plant with big leaves and produced     small blocky yellow pepper with a deep blossom end. The peppers     measured about 8.2 cm long by 6.8 cm diameter, weighed about 90 g,     and had a Brix of 10%. Seeds of the selection, 01S-249-3, tested     resistant to Tobamovirus (P012) and to PVY (P0), and received     accession number 2001-2560. -   Summer, Year 4 Planted the F7 inbred line 2001-2560 as stake     01F-255. The line developed a plant with big leaves and produced     small blocky peppers that had somewhat indented sides. Fruits     measured about 6.6 cm long by 6.1 cm diameter, weighed about 53 g,     and had a Brix of 9.7%. Seeds of the selection, 01F-255-7, tested     resistant to Tobamovirus (P012) and to PVY (P0), and received     accession number 2001-3538. -   Winter, Year 5 Planted the F8 inbred line 2001-3538 as stake     02S-256. The line developed a plant with big leaves and produced     small blocky yellow fruit with a deep blossom end. Fruits measured     about 7.8 cm long by 6.2 cm diameter, weighed about 87 g, and had a     Brix of 9.8%. Seeds of the selection, 02S-256-3, tested resistant to     Tobamovirus (P012) and to PVY (P0), and received accession number     2002-1154. -   Summer, Year 5 Planted the F9 inbred line 2002-1154 as stake 03S-66.     The line developed a plant with big leaves and produced small blocky     yellow fruit that were somewhat tapered. Fruits measured about 8.8     cm long by 5.8 cm diameter, weighed about 93 g, and had a Brix of     10.6%. Seeds of the selection, 03S-66-M, were bulked, tested     resistant to Tobamovirus (P012) and to PVY (P0), and received     accession number 2003-2058. -   Winter, Year 6 Accession 2003-2058 was submitted as inbred line     SMY28-1253.

For parent SMY28-1236:

-   Summer, Year 1 The F1 hybrid was made from the parents 2000-2029     (stake 00F-339) and 2000-2044 (stake 00F-352) and assigned the     accession number 2000-6101. -   Winter, Year 2 Plants of the F1 hybrid 2000-6101 were transplanted     as stake 01S-2556. The hybrid developed a productive plant that     produced a small, blocky yellow fruit. Seeds of the selection,     01S-2556-8, received accession number 2001-3433. -   Summer, Year 2 Planted the F2 inbred line 2001-3433 as stake     01F-256. The line produced small, slowly maturing, blocky, yellow     peppers. Fruits measured about 6.2 cm long by 4.8 cm diameter,     weighed about 51 g, and had a Brix of 8%. Seeds of the selection,     01F-256-19, tested resistant to TMV (P012) and received accession     number 2001-3545. -   Winter, Year 3 Planted the F3 inbred line 2001-3545 as stake     02S-265. The line produced small, somewhat indented blocky yellow     peppers. Fruits measured about 6.4 cm long by 5 cm diameter, weighed     about 50 g, and had a Brix of 9%. Seeds of the selection, 02S-265-2,     tested resistant to TMV (P012), and received accession number     2002-1179. -   Summer, Year 3 Planted the F4 inbred line 2002-1179 as stake     02F-1372. The line produced small blocky yellow peppers. Fruits     measured about 5.7 cm long by 5.4 cm diameter, weighed about 66 g,     and had a Brix of 8.6%. Seeds of the selection, 02F-1372-2, tested     resistant to TMV (P012), and received accession number 2002-3007. -   Winter, Year 4 Planted the F5 inbred line 2002-3007 as stake 03S-77.     The line produced small, slowly maturing, blocky, pale yellow     peppers. Fruits measured about 6.4 cm long by 5.2 cm diameter,     weighed about 53 g, and had a Brix of 9.1%. Seeds of the selection,     03S-77-7, tested resistant to TMV (P012), and received accession     number 2003-2075. -   Summer, Year 4 Planted the F6 inbred line 2003-2075 as stake 03U-67.     The line developed a low vigor plant that produced small, blocky,     pale yellow peppers. Fruits measured about 6 cm long by 5.4 cm     diameter, weighed about 62 g, and had a Brix of 8.4%. Seeds of the     selection, 03U-67-3, tested resistant to TMV (P012), and received     accession number 2003-3257. -   Fall, Year 4 Planted the F7 inbred line 2003-3257 as stake 03F-3043.     The line developed a low vigor plant that produced small, blocky,     pale yellow peppers. Fruits measured about 5.6 cm long by 5.2 cm     diameter, weighed about 57 g, and had a Brix of 8.6%. Seeds of the     selection, 03F-3043-7, tested resistant to TMV (P012), and received     accession number 2003-4553. -   Fall, Year 4 Planted the F8 inbred line 2003-4553 as stake 04S-77.     The line developed a low vigor plant that produced small, blocky,     pale yellow peppers. Fruits measured about 6.2 cm long by 5.6 cm     diameter, each weighed about 64 g, and had a Brix of 9.6%. The line     was massed, 04S-77-M, tested resistant to TMV (P012), and received     accession number 2004-1016.

The F9 inbred accession 2004-1016 was submitted as inbred line SMY28-1236.

The parent lines are uniform and stable, as is a hybrid therefrom. A small percentage of variants can occur within commercially acceptable limits for almost any characteristic during the course of repeated multiplication. However no variants are expected.

B. Physiological and Morphological Characteristics of Pepper Hybrid BS02827989, Pepper Line SMY28-1253 and Pepper Line SMY28-1236

In accordance with one aspect of the present invention, there is provided a plant having the physiological and morphological characteristics of pepper hybrid BS02827989 and the parent lines thereof. A description of the physiological and morphological characteristics of such plants is presented in Tables 1-2.

TABLE 1 Physiological and Morphological Characteristics of Hybrid BS02827989 Comparison CHARACTERISTIC BS02827989 Variety - Derby 1. Species C. annuum 2. Maturity (in region of best adaptability) days from transplanting until mature 78 91 green stage days from transplanting until mature 115 127 red or yellow stage days from direct seeding until mature 120 134 green stage days from direct seeding until mature 158 170 red or yellow stage 3. Plant habit semi-spreading semi-spreading attitude semi-upright/ semi-upright/semi- semi-erect (Clovis, erect Sonar) height 115 cm 130 cm width 65 cm 60 cm length of stem from cotyledon to first 20 cm 30 cm flower length of the third internode (from soil 90 mm 110 mm surface) length of stem medium (Belsir, Lamuyo) shortened internode (in upper part) absent (California wonder, De Cayenne) for varieties without shortened medium (Dolmi, internodes: length of internode (on Florian, Órias) primary side shoots) stem: hairiness of nodes absent or very weak (Arlequin) height medium (HRF) basal branches few (2-3) 2-3 branch flexibility rigid (Yolo rigid Wonder) stem strength (breakage resistance) intermediate intermediate 4. Leaf length of blade medium (Atol, Blondy, Marconi, Merit, Anthea) width of blade medium (Albaregia, Balaton, Danubia, Marconi, Merit) width 125 mm 120 mm length 390 mm 355 mm petiole length 150 mm 130 mm color light green medium green color (RHS Color Chart value) 141A 135B intensity of green color light (Piquant d'Algérie, Pusztagold) mature leaf shape ovate (Balico, ovate Sonar) leaf and stem pubescence absent absent undulation of margin very weak weak blistering very weak very weak profile in cross section moderately convex (Albaregia) glossiness weak (De Cayenne, Doux très long des Landes) peduncle attitude drooping (Heldor, Lamuyo) 5. Flower number of flowers per leaf axil 1 1 calyx lobes 6 6 petals 6 6 size diameter 30 mm 24 mm corolla color white white corolla throat markings none anther color purple purple style length same as stamen exceeds stamen self-incompatibility absent absent 6. Fruit group mini blocky Bell (Yolo Wonder L.) color (before maturity) green (California wonder, Lamuyo) intensity of color (before maturity) light immature fruit color light green medium green immature fruit color (RHS Color Chart 137C N134A value) attitude/position drooping/pendent drooping (De Cayenne, Lamuyo) length short (Delphin, Petit carré doux) diameter narrow (Doux très long des Landes) ratio length/diameter medium (Adra, Cherry Sweet, Daniel, Delphin, Edino) calyx diameter 25 mm 35 mm fruit length 78 mm 88 mm diameter at calyx attachment 64 mm 80 mm diameter at mid-point 55 mm 70 mm flesh thickness at mid-point 5 mm 6 mm average number of fruits per plant 43 17 average fruit weight 84 gm 191 gm shape in longitudinal section narrowly triangular square (De Cayenne, Demon) shape in cross section (at level of angular/triangular circular placenta) (Vinedale) sinuation of pericarp at basal part strong (Alfa) sinuation of pericarp excluding basal medium (Ursus) part texture of surface smooth or very smooth slightly wrinkled (Milord) color (at maturity) yellow (Golden calwonder, Heldor) intensity of color (at maturity) medium mature fruit color orange-yellow orange-yellow mature fruit color (RHS Color Chart 23A 17C value) glossiness weak (Doux très medium long des Landes) stalk cavity present (Bingor, Lamuyo) depth of stalk cavity medium (Lamuyo, Magister) pedicel length 35 mm 50 mm pedicel thickness 7 mm 12 mm pedicel shape curved curved pedicel cavity present absent depth of pedicel cavity 10 mm 5 mm stalk: length short (Surpas, Yolo Wonder, Zenith) stalk: thickness thin (Sweet banana) base shape cupped cupped shape of apex moderately moderately depressed depressed (Quadrato a'Asti rosso) shape mini blocky Bell (Yolo Wonder L.) set scattered scattered depth of interloculary grooves deep (Majister, deep Surpas) % fruits with one locule 0 % fruits with two locules 20 10 % fruits with three locules 50 80 % fruits with four locules 30 10 % fruits with five or more locules 0 0 thickness of flesh medium (Fehér, Lamuyo) calyx: aspect non-enveloping/ non-enveloping/ saucer-shaped saucer-shaped (Lamuyo, Sonar) pungency sweet capsaicin in placenta absent (Sonar) flavor mild pepper flavor moderate glossiness shiny shiny 7. Seed seed cavity length 55 mm 74 mm seed cavity diameter 37 mm 54 mm placenta length 18 mm 30 mm number of seeds per fruit 130 100 grams per 1000 seeds 6.4 gm 6.6 gm seed color yellow yellow 8. Seedling anthocyanin coloration of hypocotyl moderate anthocyanin coloration of stem weak moderate anthocyanin coloration of nodes moderate moderate stem: intensity of anthocyanin weak (California coloration of nodes wonder, Clio, Doux d'Espagne, Dous très long des Landes, Golden calwonder) plant: anthocyanin coloration of leaf moderate moderate plant: anthocyanin coloration of pedicel absent weak plant: anthocyanin coloration of calyx absent absent flower: anthocyanin coloration in present (Lamuyo) anther fruit: anthocyanin coloration absent (Lamuyo) weak beginning of flowering (1st flower on early (Carré doux 2nd flowering node) extra hâtif, Cupido, Fehér, Flaviano, Lito, Trophy) 9. Resistance to Tobamovirus Pathotype 0 present/most present/most (Tobacco Mosaic Virus (0)) resistant (Lamuyo, resistant Sonar, Yolo Wonder) to Tobamovirus Pathotype 1-2 (Pepper present (Delgado, Mosaic Virus (1-2)) Festos, Novi, Orion) to Tobamovirus Pathotype 1-2-3 absent/most absent/most (Pepper Mild Mottle Virus (1-2-3)) susceptible susceptible (Piperade, Yolo Wonder) to Curly Top Virus most susceptible most susceptible to Potato Virus Y (PVY) most susceptible to PVY Pathotype 0 absent (Yolo Wonder) to PVY Pathotype 1 absent (Yolo Wonder, Yolo Y) to PVY Pathotype 1-2 absent (Florida VR2, Yolo Wonder, Yolo Y) to Tobacco Etch Virus most susceptible most susceptible to Phytophthora capsici absent/most most susceptible susceptible (Yolo Wonder) to Cucumber Mosaic Virus (CMV) absent/most most susceptible susceptible (Yolo Wonder) to Pepper Spotted Wilt Virus (TSWV) absent (Yolo Wonder) to Xanthomonas campestris pv. absent/most most susceptible vesicatoria susceptible (Fehérözön, Yolo Wonder) to Anthracnose (Gloeosporium most susceptible most susceptible piperatum) to Cercospora Leaf Spot (Cercospors most susceptible most susceptible capsici) to Nematode (Meloidogyne incognita most susceptible most susceptible acrita) to Ripe Rot (Vermicularia capsici) most susceptible most susceptible to Southern Blight (Sclerotium rolfsii) most susceptible most susceptible to Verticillium Wilt (Verticillium most susceptible most susceptible dahliae) *These are typical values. Values may vary due to environment. Other values that are substantially equivalent are also within the scope of the invention.

TABLE 2 Physiological and Morphological Characteristics of Line SMY28-1253 Comparison CHARACTERISTIC SMY28-1253 Variety-Derby 1. Species C. annuum C. annuum 2. Maturity (in region of best adaptability) days from transplanting until mature 50 55 green stage days from transplanting until mature 70 80 red or yellow stage days from direct seeding until mature 85 90 green stage days from direct seeding until mature 105 115 red or yellow stage 3. Plant habit compact compact attitude prostrate (Delphin, prostrate (Delphin, Trophy) Trophy) height 140 cm 135 cm width 55 cm 55 cm length of stem from cotyledon to first 28 cm 25 cm flower length of the third internode (from soil 150 mm 125 mm surface) length of stem short (Delphin, Trophy) shortened internode (in upper part) absent (California wonder, De Cayenne) for varieties without shortened short (Bandero, internodes: length of internode (on Blondy, Danubia, primary side shoots) Tenor) stem: hairiness of nodes absent or very weak (Arlequin) height short (Albaregia) basal branches few (2-3) few (2-3) branch flexibility willowy (Cayenne willowy (Cayenne Long Red) Long Red) stem strength (breakage resistance) intermediate intermediate 4. Leaf length of blade long (Cupido, Dolmy, Encore, Mazurka, Monte) width of blade broad (California wonder, Golden calwonder, Seifor, Solario) width 160 mm 140 mm length 245 mm 205 mm petiole length 95 mm 100 mm color light green medium green color (RHS Color Chart value) 137A 139A intensity of green color light (Piquant d'Algérie, Pusztagold) mature leaf shape broad elliptic broad elliptic (Solario) (Solario) leaf and stem pubescence moderate light undulation of margin absent (De absent (De Cayenne) Cayenne) blistering weak (Pusztagold) absent (Century, Recio, Solfiane) profile in cross section flat (De Cayenne, Recio) glossiness medium (Alby, Eolo) peduncle attitude drooping (Heldor, Lamuyo) 5. Flower number of flowers per leaf axil 1 1 calyx lobes 8 7 petals 6 6 size diameter 35 mm 37 mm corolla color white white anther color purple purple style length exceeds stamen same as stamen self-incompatibility absent absent 6. Fruit group Bell (Yolo Wonder L.) Bell (Yolo Wonder L.) color (before maturity) green (California wonder, Lamuyo) intensity of color (before maturity) medium immature fruit color medium green medium green immature fruit color (RHS Color Chart 141A 135A value) attitude/position drooping/pendent drooping/pendent (De Cayenne, (De Cayenne, Lamuyo) Lamuyo) length very short (Cherry Sweet, Topgirl) diameter narrow (Doux très long des Landes) ratio length/diameter medium (Adra, Cherry Sweet, Daniel, Delphin, Edino) calyx diameter 25 mm 30 mm fruit length 70 mm 74 mm diameter at calyx attachment 68 mm 77 mm diameter at mid-point 59 mm 85 mm flesh thickness at mid-point 6 mm 9 mm average number of fruits per plant 15 10 % large fruits 0 85 % medium fruits 100 15 % small fruits 0 0 average fruit weight 105 gm 189 gm shape in longitudinal section cordate/heart- oblate/flattened shaped (Daniel) (Liebesapfel, PAZ szentesi, Topepo rosso) shape in cross section (at level of angular/triangular circular (Cherry placenta) (Vinedale) Sweet, Doux très long des Landes) sinuation of pericarp at basal part medium (Duna, Banán) sinuation of pericarp excluding basal medium (Ursus) part texture of surface slightly wrinkled smooth or very (Doux très long des slightly wrinkled Landes (Milord) color (at maturity) yellow (Golden calwonder, Heldor) intensity of color (at maturity) medium mature fruit color orange-yellow orange-yellow mature fruit color (RHS Color Chart 17A 17A value) glossiness strong (Doux strong (Doux italien, italien, Trophy) Trophy) stalk cavity present (Bingor, Lamuyo) depth of stalk cavity shallow (Delphin, Doux italien, Fehér, Latino) pedicel length 55 mm 35 mm pedicel thickness 9 mm 9 mm pedicel shape curved curved pedicel cavity absent present depth of pedicel cavity 3 4 stalk: length long (De Cayenne, Sierra Nevada, Sweet banana) stalk: thickness medium (Doux italien, Surpas) base shape cupped cupped shape of apex very depressed very depressed (Kerala, Monte, (Kerala, Monte, Osir) Osir) shape Bell (Yolo Wonder L.) Bell (Yolo Wonder L.) set scattered concentrated depth of interloculary grooves medium (Clovis, medium (Clovis, Lamuyo, Marconi) Lamuyo, Marconi) number of locules equally three and four (Lamuyo, Sonar) % fruits with one locule 0 0 % fruits with two locules 10 2 % fruits with three locules 50 44 % fruits with four locules 40 44 % fruits with five or more locules 0 10 average number of locules 3.5 3.5 thickness of flesh medium (Fehér, Lamuyo) calyx: aspect non-enveloping/ non-enveloping/ saucer-shaped saucer-shaped (Lamuyo, Sonar) (Lamuyo, Sonar) pungency sweet sweet capsaicin in placenta absent (Sonar) flavor moderate pepper mild pepper flavor flavor glossiness shiny shiny 7. Seed seed cavity length 33 mm 46 mm seed cavity diameter 18 mm 18 mm placenta length 24 mm 25 mm number of seeds per fruit 100 80 grams per 1000 seeds 6 seed color yellow yellow 8. Seedling anthocyanin coloration of hypocotyl moderate moderate anthocyanin coloration of stem weak weak anthocyanin coloration of nodes moderate moderate stem: intensity of anthocyanin medium (Clovis, coloration of nodes Lamuyo, Sonar) plant: anthocyanin coloration of leaf weak absent plant: anthocyanin coloration of pedicel absent weak plant: anthocyanin coloration of calyx absent absent flower: anthocyanin coloration in present (Lamuyo) anther fruit: anthocyanin coloration absent (Lamuyo) absent (Lamuyo) time of maturity early (Fehér, Lady Bell, Topgirl) 9. Resistance to Tobamovirus Pathotype 0 present/most present/most (Tobacco Mosaic Virus (0)) resistant (Lamuyo, resistant (Lamuyo, Sonar, Yolo Sonar, Yolo Wonder) Wonder) to Tobamovirus Pathotype 1-2 (Pepper present (Delgado, Mosaic Virus (1-2)) Festos, Novi, Orion) to Tobamovirus Pathotype 1-2-3 absent/most absent/most (Pepper Mild Mottle Virus (1-2-3)) susceptible susceptible (Piperade, Yolo (Piperade, Yolo Wonder) Wonder) to Curly Top Virus most susceptible most susceptible to Potato Virus Y (PVY) most resistant most susceptible to PVY Pathotype 0 present (Yolo Y) to PVY Pathotype 1 absent (Yolo Wonder, Yolo Y) to PVY Pathotype 1-2 absent (Florida VR2, Yolo Wonder, Yolo Y) to Tobacco Etch Virus most susceptible most susceptible to Phytophthora capsici absent/most absent/most susceptible (Yolo susceptible (Yolo Wonder) Wonder) to Cucumber Mosaic Virus (CMV) absent/most absent/most susceptible (Yolo susceptible (Yolo Wonder) Wonder) to Pepper Spotted Wilt Virus (TSWV) absent (Yolo Wonder) to Xanthomonas campestris pv. absent/most absent/most vesicatoria susceptible susceptible (Feherozon, Yolo (Féherözön, Yolo Wonder) Wonder) to Anthracnose (Gloeosporium most susceptible most susceptible piperatum) to Cercospora Leaf Spot (Cercospors most susceptible most susceptible capsici) to Nematode (Meloidogyne incognita most susceptible most susceptible acrita) to Ripe Rot (Vermicularia capsici) most susceptible most susceptible to Southern Blight (Sclerotium rolfsii) most susceptible most susceptible to Verticillium Wilt (Verticillium most susceptible most susceptible dahliae) *These are typical values. Values may vary due to environment. Other values that are substantially equivalent are also within the scope of the invention.

C. Breeding Pepper Plants

One aspect of the current invention concerns methods for producing seed of pepper hybrid BS02827989 involving crossing pepper lines SMY28-1253 and SMY28-1236. Alternatively, in other embodiments of the invention, hybrid BS02827989, line SMY28-1253, or line SMY28-1236 may be crossed with itself or with any second plant. Such methods can be used for propagation of hybrid BS02827989 and/or the pepper lines SMY28-1253 and SMY28-1236, or can be used to produce plants that are derived from hybrid BS02827989 and/or the pepper lines SMY28-1253 and SMY28-1236. Plants derived from hybrid BS02827989 and/or the pepper lines SMY28-1253 and SMY28-1236 may be used, in certain embodiments, for the development of new pepper varieties.

The development of new varieties using one or more starting varieties is well known in the art. In accordance with the invention, novel varieties may be created by crossing hybrid BS02827989 followed by multiple generations of breeding according to such well known methods. New varieties may be created by crossing with any second plant. In selecting such a second plant to cross for the purpose of developing novel lines, it may be desired to choose those plants which either themselves exhibit one or more selected desirable characteristics or which exhibit the desired characteristic(s) when in hybrid combination. Once initial crosses have been made, inbreeding and selection take place to produce new varieties. For development of a uniform line, often five or more generations of selfing and selection are involved.

Uniform lines of new varieties may also be developed by way of double-haploids. This technique allows the creation of true breeding lines without the need for multiple generations of selfing and selection. In this manner true breeding lines can be produced in as little as one generation. Haploid embryos may be produced from microspores, pollen, anther cultures, or ovary cultures. The haploid embryos may then be doubled autonomously, or by chemical treatments (e.g. colchicine treatment). Alternatively, haploid embryos may be grown into haploid plants and treated to induce chromosome doubling. In either case, fertile homozygous plants are obtained. In accordance with the invention, any of such techniques may be used in connection with a plant of the invention and progeny thereof to achieve a homozygous line.

Backcrossing can also be used to improve an inbred plant. Backcrossing transfers a specific desirable trait from one inbred or non-inbred source to an inbred that lacks that trait. This can be accomplished, for example, by first crossing a superior inbred (A) (recurrent parent) to a donor inbred (non-recurrent parent), which carries the appropriate locus or loci for the trait in question. The progeny of this cross are then mated back to the superior recurrent parent (A) followed by selection in the resultant progeny for the desired trait to be transferred from the non-recurrent parent. After five or more backcross generations with selection for the desired trait, the progeny have the characteristic being transferred, but are like the superior parent for most or almost all other loci. The last backcross generation would be selfed to give pure breeding progeny for the trait being transferred.

The plants of the present invention are particularly well suited for the development of new lines based on the elite nature of the genetic background of the plants. In selecting a second plant to cross with BS02827989 and/or pepper lines SMY28-1253 and SMY28-1236 for the purpose of developing novel pepper lines, it will typically be preferred to choose those plants which either themselves exhibit one or more selected desirable characteristics or which exhibit the desired characteristic(s) when in hybrid combination. Examples of desirable traits may include, in specific embodiments, high seed yield, high seed germination, seedling vigor, high fruit yield, disease tolerance or resistance, and adaptability for soil and climate conditions. Consumer-driven traits, such as a fruit shape, color, texture, and taste are other examples of traits that may be incorporated into new lines of pepper plants developed by this invention.

D. Performance Characteristics

As described above, hybrid BS02827989 exhibits desirable agronomic traits. The performance characteristics of BS02827989, SMY28-1253 and SMY28-1236 were the subject of an objective analysis of the performance traits relative to other varieties. The results of the analysis are presented below.

TABLE 3 Performance Characteristics For BS02827989 Tobamo- Tobamo- Potato virus P0 virus P1.2 Virus Y P0 Antho- Fruit color Fruit size length Longitundinal Hybrid Source resistance resistance resistance cyaninless at maturity (cm) × width (cm) section shape Locules BS02827989 Seminis yes yes no no orange- 7.8 × 5.5 narrowly 3 yellow triangular E 499524 Enza Laden yes no yes no light red 5 × 2 trapezoidal 2 or 3 E 499526 Enza Laden yes no yes no light 4 × 2 trapezoidal 2 or 3 yellow E 499531 Enza Laden yes no yes no medium 4 × 2 trapezoidal 2 or 3 orange Ferrari Enza Laden yes no dark red 7.6 × 3.6 rectangular 2 or 3 Derby DeRuiter no no orange- 8.8 × 7.0 square 3 yellow

TABLE 4 Performance Characteristics For SMY28-1253 Tobamovirus P0.1.2 Potato Virus Y P0 resistance resistance SMY28-1253 Resistant Resistant Derby Susceptible Susceptible

TABLE 5 Performance Characteristics For SMY28-1236 Tobamovirus P0.1.2 resistance SBY28-1236 Resistant Derby Susceptible

E. Further Embodiments of the Invention

In certain aspects of the invention, plants described herein are provided modified to include at least a first desired heritable trait. Such plants may, in one embodiment, be developed by a plant breeding technique called backcrossing, wherein essentially all of the morphological and physiological characteristics of a variety are recovered in addition to a genetic locus transferred into the plant via the backcrossing technique. The term single locus converted plant as used herein refers to those pepper plants which are developed by a plant breeding technique called backcrossing, wherein essentially all of the morphological and physiological characteristics of a variety are recovered in addition to the single locus transferred into the variety via the backcrossing technique. By essentially all of the morphological and physiological characteristics, it is meant that the characteristics of a plant are recovered that are otherwise present when compared in the same environment, other than an occasional variant trait that might arise during backcrossing or direct introduction of a transgene.

Backcrossing methods can be used with the present invention to improve or introduce a characteristic into the present variety. The parental pepper plant which contributes the locus for the desired characteristic is termed the nonrecurrent or donor parent. This terminology refers to the fact that the nonrecurrent parent is used one time in the backcross protocol and therefore does not recur. The parental pepper plant to which the locus or loci from the nonrecurrent parent are transferred is known as the recurrent parent as it is used for several rounds in the backcrossing protocol.

In a typical backcross protocol, the original variety of interest (recurrent parent) is crossed to a second variety (nonrecurrent parent) that carries the single locus of interest to be transferred. The resulting progeny from this cross are then crossed again to the recurrent parent and the process is repeated until a pepper plant is obtained wherein essentially all of the morphological and physiological characteristics of the recurrent parent are recovered in the converted plant, in addition to the single transferred locus from the nonrecurrent parent.

The selection of a suitable recurrent parent is an important step for a successful backcrossing procedure. The goal of a backcross protocol is to alter or substitute a single trait or characteristic in the original variety. To accomplish this, a single locus of the recurrent variety is modified or substituted with the desired locus from the nonrecurrent parent, while retaining essentially all of the rest of the desired genetic, and therefore the desired physiological and morphological constitution of the original variety. The choice of the particular nonrecurrent parent will depend on the purpose of the backcross; one of the major purposes is to add some commercially desirable trait to the plant. The exact backcrossing protocol will depend on the characteristic or trait being altered and the genetic distance between the recurrent and nonrecurrent parents. Although backcrossing methods are simplified when the characteristic being transferred is a dominant allele, a recessive allele, or an additive allele (between recessive and dominant), may also be transferred. In this instance it may be necessary to introduce a test of the progeny to determine if the desired characteristic has been successfully transferred.

In one embodiment, progeny pepper plants of a backcross in which a plant described herein is the recurrent parent comprise (i) the desired trait from the non-recurrent parent and (ii) all of the physiological and morphological characteristics of pepper the recurrent parent as determined at the 5% significance level when grown in the same environmental conditions.

New varieties can also be developed from more than two parents. The technique, known as modified backcrossing, uses different recurrent parents during the backcrossing. Modified backcrossing may be used to replace the original recurrent parent with a variety having certain more desirable characteristics or multiple parents may be used to obtain different desirable characteristics from each.

Many single locus traits have been identified that are not regularly selected for in the development of a new inbred but that can be improved by backcrossing techniques. Single locus traits may or may not be transgenic; examples of these traits include, but are not limited to, herbicide resistance, resistance to bacterial, fungal, or viral disease, insect resistance, modified fatty acid or carbohydrate metabolism, and altered nutritional quality. These comprise genes generally inherited through the nucleus.

Direct selection may be applied where the single locus acts as a dominant trait. For this selection process, the progeny of the initial cross are assayed for viral resistance and/or the presence of the corresponding gene prior to the backcrossing. Selection eliminates any plants that do not have the desired gene and resistance trait, and only those plants that have the trait are used in the subsequent backcross. This process is then repeated for all additional backcross generations.

Selection of pepper plants for breeding is not necessarily dependent on the phenotype of a plant and instead can be based on genetic investigations. For example, one can utilize a suitable genetic marker which is closely genetically linked to a trait of interest. One of these markers can be used to identify the presence or absence of a trait in the offspring of a particular cross, and can be used in selection of progeny for continued breeding. This technique is commonly referred to as marker assisted selection. Any other type of genetic marker or other assay which is able to identify the relative presence or absence of a trait of interest in a plant can also be useful for breeding purposes. Procedures for marker assisted selection are well known in the art. Such methods will be of particular utility in the case of recessive traits and variable phenotypes, or where conventional assays may be more expensive, time consuming or otherwise disadvantageous. Types of genetic markers which could be used in accordance with the invention include, but are not necessarily limited to, Simple Sequence Length Polymorphisms (SSLPs) (Williams et al., 1990), Randomly Amplified Polymorphic DNAs (RAPDs), DNA Amplification Fingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs), Arbitrary Primed Polymerase Chain Reaction (AP-PCR), Amplified Fragment Length Polymorphisms (AFLPs) (EP 534 858, specifically incorporated herein by reference in its entirety), and Single Nucleotide Polymorphisms (SNPs) (Wang et al., 1998).

F. Plants Derived by Genetic Engineering

Many useful traits that can be introduced by backcrossing, as well as directly into a plant, are those which are introduced by genetic transformation techniques. Genetic transformation may therefore be used to insert a selected transgene into a plant of the invention or may, alternatively, be used for the preparation of transgenes which can be introduced by backcrossing. Methods for the transformation of plants that are well known to those of skill in the art and applicable to many crop species include, but are not limited to, electroporation, microprojectile bombardment, Agrobacterium-mediated transformation and direct DNA uptake by protoplasts.

To effect transformation by electroporation, one may employ either friable tissues, such as a suspension culture of cells or embryogenic callus or alternatively one may transform immature embryos or other organized tissue directly. In this technique, one would partially degrade the cell walls of the chosen cells by exposing them to pectin-degrading enzymes (pectolyases) or mechanically wound tissues in a controlled manner.

An efficient method for delivering transforming DNA segments to plant cells is microprojectile bombardment. In this method, particles are coated with nucleic acids and delivered into cells by a propelling force. Exemplary particles include those comprised of tungsten, platinum, and preferably, gold. For the bombardment, cells in suspension are concentrated on filters or solid culture medium. Alternatively, immature embryos or other target cells may be arranged on solid culture medium. The cells to be bombarded are positioned at an appropriate distance below the macroprojectile stopping plate.

An illustrative embodiment of a method for delivering DNA into plant cells by acceleration is the Biolistics Particle Delivery System, which can be used to propel particles coated with DNA or cells through a screen, such as a stainless steel or Nytex screen, onto a surface covered with target cells. The screen disperses the particles so that they are not delivered to the recipient cells in large aggregates. Microprojectile bombardment techniques are widely applicable, and may be used to transform virtually any plant species.

Agrobacterium-mediated transfer is another widely applicable system for introducing gene loci into plant cells. An advantage of the technique is that DNA can be introduced into whole plant tissues, thereby bypassing the need for regeneration of an intact plant from a protoplast. Modern Agrobacterium transformation vectors are capable of replication in E. coli as well as Agrobacterium, allowing for convenient manipulations (Klee et al., 1985). Moreover, recent technological advances in vectors for Agrobacterium-mediated gene transfer have improved the arrangement of genes and restriction sites in the vectors to facilitate the construction of vectors capable of expressing various polypeptide coding genes. The vectors described have convenient multi-linker regions flanked by a promoter and a polyadenylation site for direct expression of inserted polypeptide coding genes. Additionally, Agrobacterium containing both armed and disarmed Ti genes can be used for transformation.

In those plant strains where Agrobacterium-mediated transformation is efficient, it is the method of choice because of the facile and defined nature of the gene locus transfer. The use of Agrobacterium-mediated plant integrating vectors to introduce DNA into plant cells is well known in the art (Fraley et al., 1985; U.S. Pat. No. 5,563,055).

Transformation of plant protoplasts also can be achieved using methods based on calcium phosphate precipitation, polyethylene glycol treatment, electroporation, and combinations of these treatments (see, e.g., Potrykus et al., 1985; Omirulleh et al., 1993; Fromm et al., 1986; Uchimiya et al., 1986; Marcotte et al., 1988). Transformation of plants and expression of foreign genetic elements is exemplified in Choi et al. (1994), and Ellul et al. (2003).

A number of promoters have utility for plant gene expression for any gene of interest including but not limited to selectable markers, scoreable markers, genes for pest tolerance, disease resistance, nutritional enhancements and any other gene of agronomic interest. Examples of constitutive promoters useful for plant gene expression include, but are not limited to, the cauliflower mosaic virus (CaMV) P-35S promoter, which confers constitutive, high-level expression in most plant tissues (see, e.g., Odel et al., 1985), including in monocots (see, e.g., Dekeyser et al., 1990; Terada and Shimamoto, 1990); a tandemly duplicated version of the CaMV 35S promoter, the enhanced 35S promoter (P-e35S); 1 the nopaline synthase promoter (An et al., 1988); the octopine synthase promoter (Fromm et al., 1989); and the figwort mosaic virus (P-FMV) promoter as described in U.S. Pat. No. 5,378,619 and an enhanced version of the FMV promoter (P-eFMV) where the promoter sequence of P-FMV is duplicated in tandem; the cauliflower mosaic virus 19S promoter; a sugarcane bacilliform virus promoter; a commelina yellow mottle virus promoter; and other plant DNA virus promoters known to express in plant cells.

A variety of plant gene promoters that are regulated in response to environmental, hormonal, chemical, and/or developmental signals can also be used for expression of an operably linked gene in plant cells, including promoters regulated by (1) heat (Callis et al., 1988), (2) light (e.g., pea rbcS-3A promoter, Kuhlemeier et al., 1989; maize rbcS promoter, Schaffner and Sheen, 1991; or chlorophyll a/b-binding protein promoter, Simpson et al., 1985), (3) hormones, such as abscisic acid (Marcotte et al., 1989), (4) wounding (e.g., wunl, Siebertz et al., 1989); or (5) chemicals such as methyl jasmonate, salicylic acid, or Safener. It may also be advantageous to employ organ-specific promoters (e.g., Roshal et al., 1987; Schernthaner et al., 1988; Bustos et al., 1989).

Exemplary nucleic acids which may be introduced to plants of this invention include, for example, DNA sequences or genes from another species, or even genes or sequences which originate with or are present in the same species, but are incorporated into recipient cells by genetic engineering methods rather than classical reproduction or breeding techniques. However, the term “exogenous” is also intended to refer to genes that are not normally present in the cell being transformed, or perhaps simply not present in the form, structure, etc., as found in the transforming DNA segment or gene, or genes which are normally present and that one desires to express in a manner that differs from the natural expression pattern, e.g., to over-express. Thus, the term “exogenous” gene or DNA is intended to refer to any gene or DNA segment that is introduced into a recipient cell, regardless of whether a similar gene may already be present in such a cell. The type of DNA included in the exogenous DNA can include DNA which is already present in the plant cell, DNA from another plant, DNA from a different organism, or a DNA generated externally, such as a DNA sequence containing an antisense message of a gene, or a DNA sequence encoding a synthetic or modified version of a gene.

Many hundreds if not thousands of different genes are known and could potentially be introduced into a pepper plant according to the invention. Non-limiting examples of particular genes and corresponding phenotypes one may choose to introduce into a pepper plant include one or more genes for insect tolerance, such as a Bacillus thuringiensis (B.t.) gene, pest tolerance such as genes for fungal disease control, herbicide tolerance such as genes conferring glyphosate tolerance, and genes for quality improvements such as yield, nutritional enhancements, environmental or stress tolerances, or any desirable changes in plant physiology, growth, development, morphology or plant product(s). For example, structural genes would include any gene that confers insect tolerance including but not limited to a Bacillus insect control protein gene as described in WO 99/31248, herein incorporated by reference in its entirety, U.S. Pat. No. 5,689,052, herein incorporated by reference in its entirety, U.S. Pat. Nos. 5,500,365 and 5,880,275, herein incorporated by reference in their entirety. In another embodiment, the structural gene can confer tolerance to the herbicide glyphosate as conferred by genes including, but not limited to Agrobacterium strain CP4 glyphosate resistant EPSPS gene (aroA:CP4) as described in U.S. Pat. No. 5,633,435, herein incorporated by reference in its entirety, or glyphosate oxidoreductase gene (GOX) as described in U.S. Pat. No. 5,463,175, herein incorporated by reference in its entirety.

Alternatively, the DNA coding sequences can affect these phenotypes by encoding a non-translatable RNA molecule that causes the targeted inhibition of expression of an endogenous gene, for example via antisense- or cosuppression-mediated mechanisms (see, for example, Bird et al., 1991). The RNA could also be a catalytic RNA molecule (i.e., a ribozyme) engineered to cleave a desired endogenous mRNA product (see for example, Gibson and Shillito, 1997). Thus, any gene which produces a protein or mRNA which expresses a phenotype or morphology change of interest is useful for the practice of the present invention.

G. Definitions

In the description and tables herein, a number of terms are used. In order to provide a clear and consistent understanding of the specification and claims, the following definitions are provided:

Allele: Any of one or more alternative forms of a gene locus, all of which alleles relate to one trait or characteristic. In a diploid cell or organism, the two alleles of a given gene occupy corresponding loci on a pair of homologous chromosomes.

Backcrossing: A process in which a breeder repeatedly crosses hybrid progeny, for example a first generation hybrid (F₁), back to one of the parents of the hybrid progeny. Backcrossing can be used to introduce one or more single locus conversions from one genetic background into another.

Crossing: The mating of two parent plants.

Cross-pollination: Fertilization by the union of two gametes from different plants.

Diploid: A cell or organism having two sets of chromosomes.

Emasculate: The removal of plant male sex organs or the inactivation of the organs with a cytoplasmic or nuclear genetic factor or a chemical agent conferring male sterility.

Enzymes: Molecules which can act as catalysts in biological reactions.

F₁ Hybrid: The first generation progeny of the cross of two nonisogenic plants.

Genotype: The genetic constitution of a cell or organism.

Haploid: A cell or organism having one set of the two sets of chromosomes in a diploid.

Linkage: A phenomenon wherein alleles on the same chromosome tend to segregate together more often than expected by chance if their transmission was independent.

Marker: A readily detectable phenotype, preferably inherited in codominant fashion (both alleles at a locus in a diploid heterozygote are readily detectable), with no environmental variance component, i.e., heritability of 1.

Phenotype: The detectable characteristics of a cell or organism, which characteristics are the manifestation of gene expression.

Quantitative Trait Loci (QTL): Quantitative trait loci (QTL) refer to genetic loci that control to some degree numerically representable traits that are usually continuously distributed.

Resistance: As used herein, the terms “resistance” and “tolerance” are used interchangeably to describe plants that show no symptoms to a specified biotic pest, pathogen, abiotic influence or environmental condition. These terms are also used to describe plants showing some symptoms but that are still able to produce marketable product with an acceptable yield. Some plants that are referred to as resistant or tolerant are only so in the sense that they may still produce a crop, even though the plants are stunted and the yield is reduced.

Regeneration: The development of a plant from tissue culture.

Royal Horticultural Society (RHS) color chart value: The RHS color chart is a standardized reference which allows accurate identification of any color. A color's designation on the chart describes its hue, brightness and saturation. A color is precisely named by the RHS color chart by identifying the group name, sheet number and letter, e.g., Yellow-Orange Group 19A or Red Group 41B.

Self-pollination: The transfer of pollen from the anther to the stigma of the same plant.

Single Locus Converted (Conversion) Plant: Plants which are developed by a plant breeding technique called backcrossing, wherein essentially all of the morphological and physiological characteristics of a pepper variety are recovered in addition to the characteristics of the single locus transferred into the variety via the backcrossing technique and/or by genetic transformation.

Substantially Equivalent: A characteristic that, when compared, does not show a statistically significant difference (e.g., p=0.05) from the mean.

Tissue Culture: A composition comprising isolated cells of the same or a different type or a collection of such cells organized into parts of a plant.

Transgene: A genetic locus comprising a sequence which has been introduced into the genome of a pepper plant by transformation.

H. Deposit Information

A deposit of pepper hybrid BS02827989 and inbred parent lines SMY28-1253 and SMY28-1236, disclosed above and recited in the claims, has been made with the American Type Culture Collection (ATCC), 10801 University Blvd., Manassas, Va. 20110-2209. The date of deposit was May 26, 2009. The accession numbers for those deposited seeds of pepper hybrid BS02827989 and inbred parent lines SMY28-1253 and SMY28-1236 are ATCC Accession Number PTA-10068, ATCC Accession Number PTA-10083, and ATCC Accession Number PTA-10081, respectively. Upon issuance of a patent, all restrictions upon the deposits will be removed, and the deposits are intended to meet all of the requirements of 37 C.F.R. §1.801-1.809. The deposits will be maintained in the depository for a period of 30 years, or 5 years after the last request, or for the effective life of the patent, whichever is longer, and will be replaced if necessary during that period.

Although the foregoing invention has been described in some detail by way of illustration and example for purposes of clarity and understanding, it will be obvious that certain changes and modifications may be practiced within the scope of the invention, as limited only by the scope of the appended claims.

All references cited herein are hereby expressly incorporated herein by reference.

REFERENCES

The following references, to the extent that they provide exemplary procedural or other details supplementary to those set forth herein, are specifically incorporated herein by reference:

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What is claimed is:
 1. A pepper plant comprising at least a first set of the chromosomes of pepper line SMY28-1253 or pepper line SMY28-1236, a sample of seed of said lines having been deposited under ATCC Accession Number PTA-10083, and ATCC Accession Number PTA-10081, respectively.
 2. A pepper seed comprising at least a first set of the chromosomes of pepper line SMY28-1253 or pepper line SMY28-1236, a sample of seed of said lines having been deposited under ATCC Accession Number PTA-10083, and ATCC Accession Number PTA-10081, respectively.
 3. The pepper plant of claim 1, which is an inbred.
 4. The pepper plant of claim 1, which is a hybrid.
 5. The pepper plant of claim 4, wherein the hybrid plant is pepper hybrid BS02827989, a sample of seed of said hybrid BS02827989 having been deposited under ATCC Accession Number PTA-10068.
 6. The plant of claim 1, wherein the plant is a plant of pepper line SMY28-1253 or pepper line SMY28-1236.
 7. A plant part of the pepper plant of claim
 1. 8. The plant part of claim 7, further defined as a leaf, a ovule, pollen, a fruit, or a cell.
 9. A pepper plant having all the physiological and morphological characteristics of the pepper plant of claim
 5. 10. A pepper plant having all the physiological and morphological characteristics of the pepper plant of claim
 6. 11. A tissue culture of regenerable cells of the pepper plant of claim
 1. 12. The tissue culture according to claim 11, comprising cells or protoplasts from a plant part selected from the group consisting of embryos, meristems, cotyledons, pollen, leaves, anthers, roots, root tips, pistil, flower, seed and stalks.
 13. A pepper plant regenerated from the tissue culture of claim 12, wherein said plant has all the physiological and morphological characteristics of the pepper plant comprising at least a first set of the chromosomes of pepper line SMY28-1253 or pepper line SMY28-1236, a sample of seed of said lines having been deposited under ATCC Accession Number PTA-10083 and ATCC Accession Number PTA-10081, respectively.
 14. A method of vegetatively propagating the pepper plant of claim 1 comprising the steps of: (a) collecting tissue capable of being propagated from a pepper plant according to claim 1; (b) cultivating said tissue to obtain proliferated shoots; and (c) rooting said proliferated shoots to obtain rooted plantlets.
 15. The method of claim 14, further comprising growing at least a first pepper plant from said rooted plantlets.
 16. A method of introducing a desired trait into a pepper line, comprising: (a) utilizing as a recurrent parent a plant of either pepper line SMY28-1253 or pepper line SMY28-1236, by crossing a plant of pepper line SMY28-1253 or pepper line SMY28-1236 with a second donor pepper plant that comprises a desired trait to produce F1 progeny, a sample of seed of said lines having been deposited under ATCC Accession Number PTA-10083 and ATCC Accession Number PTA-10081, respectively; (b) selecting an F1 progeny that comprises the desired trait; (c) backcrossing the selected F1 progeny with a plant of the same pepper line used as the recurrent parent in step (a), to produce backcross progeny; (d) selecting backcross progeny comprising the desired trait and the physiological and morphological characteristics of the recurrent parent pepper line used in step (a); and (e) repeating steps (c) and (d) three or more times to produce selected fourth or higher backcross progeny that comprise the desired trait, and otherwise comprise essentially all of the morphological and physiological characteristics of the recurrent parent pepper line used in step (a).
 17. A pepper plant produced by the method of claim
 16. 18. A method of producing a pepper plant comprising an added trait, the method comprising introducing a transgene conferring the trait into a plant of pepper hybrid BS02827989, pepper line SMY28-1253 or pepper line SMY28-1236, a sample of seed of said hybrid and lines having been deposited under ATCC Accession Number PTA-10068, ATCC Accession Number PTA-10083, and ATCC Accession Number PTA-10081, respectively.
 19. A pepper plant produced by the method of claim
 18. 20. A method of determining the genotype of the plant of claim 1 comprising obtaining a sample of nucleic acids from said plant and detecting in said nucleic acids a plurality of polymorphisms.
 21. The method of claim 20, further comprising the step of storing the results of detecting the plurality of polymorphisms on a computer readable medium.
 22. The plant of claim 1, further comprising a transgene.
 23. The plant of claim 22, wherein the transgene confers a trait selected from the group consisting of male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, modified fatty acid metabolism, environmental stress tolerance, modified carbohydrate metabolism and modified protein metabolism.
 24. The plant of claim 1, further comprising a single locus conversion wherein the plant otherwise comprises essentially all of the morphological and physiological characteristics of the plant comprising at least a first set of the chromosomes of pepper line SMY28-1253 or pepper line SMY28-1236, a sample of seed of said lines having been deposited under ATCC Accession Number PTA-10083 and ATCC Accession Number PTA-10081, respectively.
 25. The plant of claim 24, wherein the single locus conversion confers a trait selected from the group consisting of male sterility, herbicide tolerance, insect resistance, pest resistance, disease resistance, modified fatty acid metabolism, environmental stress tolerance, modified carbohydrate metabolism and modified protein metabolism.
 26. A method for producing a seed of a pepper plant derived from at least one of pepper hybrid BS02827989, pepper line SMY28-1253 or pepper line SMY28-1236 comprising the steps of: (a) crossing a pepper plant of hybrid BS02827989, line SMY28-1253 or line SMY28-1236 with itself or a second pepper plant; a sample of seed of said hybrid and lines having been deposited under ATCC Accession Number PTA-10068, ATCC Accession Number PTA-10083, and ATCC Accession Number PTA-10081, respectively; and (b) allowing seed of a hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper plant to form.
 27. The method of claim 26, further comprising the steps of: (c) selfing a pepper plant grown from said hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper seed to yield additional hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper seed; (d) growing said additional hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper seed of step (c) to yield additional hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper plants; and (e) repeating the crossing and growing steps of (c) and (d) to generate at least a first further hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper plant.
 28. The method of claim 26, wherein the second pepper plant is of an inbred pepper line.
 29. The method of claim 26, comprising crossing line SMY28-1253 with line SMY28-1236, a sample of seed of said lines having been deposited under ATCC Accession Number PTA-10083, and ATCC Accession Number PTA-10081, respectively.
 30. The method of claim 27, further comprising: (f) crossing the further hybrid BS02827989, line SMY28-1253 or line SMY28-1236-derived pepper plant with a second pepper plant to produce seed of a hybrid progeny plant.
 31. A hybrid pepper seed produced by the method of claim
 29. 32. A pepper plant produced by growing the seed of claim
 31. 33. A plant part of the pepper plant of claim
 32. 34. The plant part of claim 33, further defined as a leaf, a flower, a fruit, an ovule, pollen, or a cell.
 35. A method of producing a pepper seed comprising crossing the plant of claim 1 with itself or a second pepper plant and allowing seed to form.
 36. A method of producing a pepper fruit comprising: (a) obtaining a plant according to claim 1, wherein the plant has been cultivated to maturity; and (b) collecting a pepper from the plant. 